Terms and Conditions
These general Terms & Conditions govern the use of this Website. Please read the Terms & Conditions carefully. If you do not agree to be bound by these Terms & Conditions, you should not continue to use or access the Website.
The Terms & Conditions may change or be updated from time to time. The latest Terms & Conditions will govern any future usage by you on the Website. If you keep using this website after a change, that means you accept the new terms
Agreement with Our Partner
Every partner organization in this website must be a government institution or registered non-profit organization. All the organizations has a contractual agreement with Ensany authorizing us to collect donations and facilitate fundraising on their behalf.
Use of Your Donation
Ensany does not guarantee that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient charity’s use of any donation you may make through the website, its associated services, websites powered by us, for any misuse or non-use of such donations by the recipient.
Although our partners will not give any approval if the case are not true, please note that the recipient organization reserves the right to use your donation as they need. Ensany will verify the identity of an Ensany Crowdfunding page creator and undertake any other necessary checks before any funds raised are transferred to the page creator. We shall have no liability to donors whatsoever for any use or misuse of donations made to the Ensany Crowdfunding page. The Ensany’s website may state that they will use donations only for specific purposes, but Ensany cannot guarantee that they will use it for such purpose.
Return And Refund Policy
In the event that the amount cannot be delivered to the recipient of the donation because of the death or any reasons beyond the control of the organization:
1. The amount will not be refund to donor or supporter
2. The amount will be given to other similar cases and the donor or supporter will be inform that the amount is given to whom through website or social media or any other method. 3. If the beneficiary dies and his intention is not known.
4. If the campaign owner died.
5. If the campaign owner closed his campaign or refused to receive money or did not give details of his account number and did not attend Pertubuhan Kemanusiaan Ensany headquarters to take the money owed to him and went on for a year. 6. If Ensany has a discount on the campaign or on the receivable.
7. If it is proven that the owner of the campaign has legal problems and Ensany Global Bhd is excused to transfer any amount to him. 8. In all previous cases, it is Pertubuhan Kemanusiaan Ensany to transfer the funds due to these campaigns to similar campaigns without referring to the donor in case he spends a year and a month from the date of donation without asking the donor to return.
Ensany charges a small transaction fee on every donation made on the Website or its associated services. The fee is currently up to 5% for Ensany, 2.5% for partners and 1% for registered group of the gross donation. Donations are also subject to third party payment processing fees.
You must at all times use the Website and its related services in a responsible and legal manner and confirm that the content you provide does not break any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:
1. You must not upload offensive, obscene or racist content, including photographs, on to the Website. We do not actively edit the Website but reserves the right to remove or edit any content posted on the Website at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, misleading, deceptive, racist or otherwise inappropriate.
2. If you build a fundraising page on Ensany, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, in particular the picture(s), photograph(s) and any video(s), is not copyright-protected. We reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or Ensany Crowdfunding pages, at its sole discretion and without notice if their copyright status is in any doubt.
In addition, you as a user must not:
a. Misrepresent your identity or affiliation with any other person or organisation; b. Use the Website to send junk email or ‘spam’ to people who do not wish to receive email from you; c. Use the website for marketing purposes for individuals or other any matters not related to Ensany d. Use the Website to conduct, display or forward surveys, pyramid schemes or chain letters; e. Use the Website to conduct, display or forward raffles, lotteries or contests, unless you have obtained any necessary licence or permission and you comply with all applicable laws; f. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Ensany systems; or g. Reveal any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.
In the event of a breach of the above rules, Ensany reserves the right to cancel your membership and delete any of your page in Ensany Crowdfunding page without notice or may sue and bring the case against you to higher authority. Ensany may also suspend or delete any of your page in Ensany Crowdfunding page if the relevant charity is no longer receiving donations via Ensany platform.
Building an Ensany page in aid of a charity no way implies us or the charity’s endorsement of your fundraising activity. It is your responsibility to check with the partner first that your chosen activity does not break the charity’s policies. Ensany reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page, in the event that the charity, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.
Links on Website
The Website and its associated services contains links to other websites, including the websites of charity. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other people or organisations through their websites or otherwise are your own responsibility
Copyright and Trademarks
All content on the Website is owned by us, our member charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. They must not be used without the consent by Ensany or the trademark owner.
Protecting Your Privacy
Ensany will capture personal information including but not limited to the donor’s name, title, address and email address (“Personal Information”) at all times and protect and secure such information. For the avoidance of doubt this paragraph does not imply that Ensany will share such information with you and/or the Ensany Crowdfunding page; Ensany will not sell, trade or rent Personal Information to third parties.
Disclaimer and Limitation of Liability
We do not, and nothing in these Terms & Conditions shall act to, exclude or limit our liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited.
You use the Website solely at your own risk. You agree that your use of the Website is on an “as is” and “as available” basis and without warranty of any kind, express or implied. We work hard to provide great services but we do not guarantee everything will always work perfectly. Continuous uninterrupted or secure access to our services and operation of the Website may be interfered with by numerous factors outside of our control. We do not guarantee for any lose or damages if uncontrollable thing happen such as attack by hackers, close of website by higher authority or close of organization. On that basis, except as expressly set out in these Terms & Conditions, we do not provide conditions, warranties or other terms in relation to the Website, to the extent permissible by law.
We may change the format and content of the Website from time to time. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms & Conditions.
These Terms and other material referenced in them are the entire agreement between you and Ensany with respect to the services. Ensany has the right to assign, transfer or delegate any of its right and obligations under these Terms without your consent.
Unless otherwise specified in the Agreement, all notices and other communications required or contemplated under the present Agreement shall be given in writing and addressed and delivered to the Party for whom intended at the address shown below or such other address as the intended recipient may from time-to-time designate by written notice, given in accordance with the terms of this Article.